Tuesday, December 16, 2014

Ex Officio Committee Members

Committees with ex officio members should include those people in their notices of meetings, but when someone is a member ex officio of all  committees, the ex officio member is not counted when determining a quorum. (Typically, this is the president, but in the model constitution, this is the president and senior pastor.) These ex officio members are only different from regular members in their obligation to attend committee meetings. In other words, they have all the privileges of a member, but they are usually exempted from the responsibilities. On the other hand, when someone is an ex officio of a specific committee, that person has all the rights and obligations of another member, so the only difference is the method of selection (member due to office rather than other means of selection).

It’s usually a good idea to limit ex officio membership for all committees to the president and senior clergy member. I can imagine instances in which individual associate clergy (or certain lay employees leaders) are granted ex officio membership for specific committees that fit within their specific responsibilities to entitle them to notice of meetings and the ability to participate in discussion and voting. That could be done by board vote (preferably in a continuing resolution), bylaws, or constitution. If that’s something you might consider, I recommend you do it by continuing resolution to preserve flexibility in case the responsibilities shift. Because this would be a specific ex officio assignment, the person would count toward the quorum and therefore would have the obligation to attend meetings unless otherwise specified. You might also make a person in that position a nonvoting ex officio member of the committee, but that is a question of local governance that I don’t have any advice on.

Because I can’t resist looking into these things, I found what Robert’s Rules of Order Newly Revised (11th ed.) says about ex officio membership. Here’s what I found:




(First, a basic explanation from the Robert’s Rules website):
Question 2:
Can ex officio members vote, and are they counted in determining whether a quorum is present?
Answer:
“Ex officio” is a Latin term meaning “by virtue of office or position.” Ex officio members of boards and committees, therefore, are persons who are members by virtue of some other office or position that they hold. For example, if the bylaws of an organization provide for a Committee on Finance consisting of the treasurer and three other members appointed by the president, the treasurer is said to be an ex officio member of the finance committee, since he or she is automatically a member of that committee by virtue of the fact that he or she holds the office of treasurer.
Without exception, ex officio members of boards and committees have exactly the same rights and privileges as do all other members, including, of course, the right to vote. There are, however, two instances in which ex officio members are not counted in determining the number required for a quorum or in determining whether or not a quorum is present. These two instances are:
1. In the case of the president, whenever the bylaws provide that the president shall be an ex officio member of all committees (or of all committees with certain stated exceptions); and
2. When the ex officio member of the board or committee is neither an ex officio officer of the board or committee nor a member, employee, or elected or appointed officer of the society (for example, when the governor of a state is made ex officio a member of a private college board).
Again, however, it should be emphasized that in these instances the ex officio member still has all of the rights and privileges of membership, including the right to vote. [RONR (11th ed.), pp. 483-84; p. 497, ll. 20-29.] http://www.robertsrules.com/faq.html#2
·         “If a person holds an office in a society of which he is not a member in the bylaws make that officer an ex officio member of the board, the nonmember is thereby a full-fledged word member with all the accompanying rights; but this does not make him a member of the society.” (p. 448)
·        “When the bylaws provide that the president shall be ex officio a member of all committees (or of all committees with the stated exception of those from which the president is best excluded; see pp. 579–80), the president is an ex officio member who has the right, but not the obligation, to participate in the proceedings of the committees, and he is not counted in determining the number required for a quorum or whether a quorum is present at a meeting.” (p. 497.)
·        “In addition, in many organized societies, the president has duties as an administrative or executive officer; but these are outside the scope of parliamentary law, and the president has such authority in only insofar as the bylaws provide. In some organizations, the president is responsible for appointing, and his ex officio a member of, all committees (with the exception of the nominating committee, which should be expressly excluded from such a provision, and with a further possible exception of all disciplinary committees; see pp. 579–80). But only when he is so authorized by the bylaws—or, in the case of a particular committee, by vote of the assembly—does he have this authority and status. As an ex officio member of a committee, the president has the same rights as the other committee members, but is not obligated to attend meetings of the committee and is not counted in determining the number required for a quorum or whether a quorum is present.” (pp.456–57)
·        A section on committees “may also provide that certain officers—for example, the president—‘shall be ex officio a member of all committees except the Nominating Committee.’ In that case, the president has the right, but not the duty, of participating in the work of the committees (see also pp. 483–84, 497). Without such a provision, he has no vote within the committees, nor can he attend their meetings except as invited by a particular committee. The nominating committee should always be expressly excluded in a provision making the president and ex officio member of committees. It may also be advisable to exclude all disciplinary committees—such as trial and investigating committees—both from a provision making the president and ex officio member of committees and from a provision authorizing the president to appoint committees.” (pp. 579–80)

1. Just imagine a committee meeting filled with several pastors, dominating conversation, (overly) influencing decisions, causing folks to be quiet and eventually stay away.
2. Congregation presidents are also ex offico, but the vice-president isn't.
3. Just because you are ex officio doesn't mean you will always show up.
4. Often, associate pastors have specific areas of responsibility, and will be at those committee meetings.
5. The senior pastor has overall visionary responsibility and there may be times when they need to be at meetings. They are here awarded presence.
6. Technically (legally -- Josh?), what this means is that when a Committee calls a meeting of its members, it has to include the Sr Pastor and the Council President. And it gives opportunity for voice and input in planning and decision making.


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